BillO

A woman who reached a settlement with Bill O’Reilly over harassment allegations sued Mr. O’Reilly and Fox News on Monday for defamation and breach of contract, saying that public statements he and the network made violated the settlement and portrayed her as a liar and politically motivated extortionist.

The woman, Rachel Witlieb Bernstein, is one of six known to have reached settlements after making accusations against Mr. O’Reilly. (Her allegations did not include sexual harassment.) None of the others have said anything publicly about their claims, which involved sexual harassment.

Mr. O’Reilly has repeatedly said that the harassment allegations that led to his ouster from Fox News in April have no merit, that he never mistreated anyone and that he resolved the matters privately to protect his children.

Nope, says the lawsuit, it’s O’Reilly who’s the liar here.

Settlements involving harassment allegations often contain strict confidentiality and nondisparagement clauses, which some employment lawyers have said build a culture of silence around these issues and allow misconduct to continue.

Some? Not all? Of course nondisparagement clauses build a culture of silence around these issues and allow misconduct to continue; how could they possibly do anything else?

Ms. Bernstein’s lawyers, Neil Mullin and Nancy Erika Smith, have been vocal critics of the use of nondisclosure agreements and nondisparagement clauses to silence victims of harassment…

“Knowing Ms. Bernstein and Mr. O’Reilly’s other victims are afraid to speak out because he and Fox forced them to sign nondisclosure agreements, O’Reilly and Fox have made false and disparaging claims,” Mr. Mullin said in a statement. “They should release all victims from their NDAs and let the truth out. It is cowardly to publicly attack these women knowing they have been subjected to contractual provisions requiring absolute silence.”